Section § 1

Explanation

This section simply establishes the official title of the act as the Government Code. This means when someone refers to the Government Code, they are talking about this specific set of laws.

This act shall be known as the Government Code.

Section § 2

Explanation

This section says that if the rules in this code are very similar to existing laws on the same topic, they should be treated as if they're just restating and continuing the old laws, not introducing entirely new ones.

The provisions of this code in so far as they are substantially the same as existing statutory provisions relating to the same subject matter shall be construed as restatements and continuations, and not as new enactments.

Section § 3

Explanation

If you currently hold a public office governed by laws that were repealed and replaced by this new code, and your position still exists under the new code, you can keep your job just as you did before.

All persons who at the time this code takes effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold them according to their former tenure.

Section § 4

Explanation

This law means that if there was already a legal action or right that started or existed before this new code was implemented, it won't be changed by the new code. However, any procedures taken after the code starts must try to follow the new rules as closely as they can.

No action or proceeding commenced before this code takes effect, and no right accrued, is affected by this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible.

Section § 5

Explanation

This section states that unless a specific provision or context indicates otherwise, the general guidelines, rules, and definitions outlined will guide the interpretation of this code.

Unless the provision or the context otherwise requires, these general provisions, rules of construction, and definitions shall govern the construction of this code.

Section § 6

Explanation

This law states that the labels or titles of various parts of the code, like titles, divisions, or sections, don't change or influence what the actual rules or provisions mean or intend to do.

Title, division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.

Section § 7

Explanation

This section explains that when a public officer is given certain powers or responsibilities, they can allow a deputy or another legally authorized person to carry out those powers or duties unless a specific law says otherwise.

Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise.

Section § 7.5

Explanation

This law allows a state department director to appoint a deputy director to attend meetings and participate in decisions of a state board, commission, or committee on their behalf. The deputy can vote and be counted towards a quorum as if the director were there. However, only one deputy can represent a director at any meeting. The director remains responsible for the deputy's actions just as they would for their regular duties.

Whenever, by any law, the director of any state department is made a member of a state board, commission, or committee, or of the governing body of any state agency or authority, the director may designate a deputy director of that department holding a position specified in subdivision (f) or (g) of Section 4 of Article VII of the California Constitution to act as such member in his or her place and stead, to all intents and purposes as though the director were personally present, including the right of the deputy to be counted in constituting a quorum, to participate in the proceedings of the board, commission, committee, or other governing body, and to vote upon any and all matters. Not more than one director shall be represented by such a deputy at any meeting or session of a board, commission, committee, or other governing body. The director so designating such a deputy shall be responsible for the acts of the deputy acting under such designation in the same manner and to the same extent that the director is responsible for the acts of the deputy performing his or her official duties as deputy director of the department.

Section § 7.6

Explanation

This law allows certain high-ranking California government officials, whose positions are created by the state constitution, to appoint deputies to serve in their place on state boards, commissions, committees, or governing bodies. The deputies have the same powers as the official, including participating in meetings and voting, but the officials remain responsible for their deputies' actions.

The Lieutenant Governor, Chief Justice, Attorney General, and Superintendent of Public Instruction have specific rules about whom they can designate as deputies. Notably, the Lieutenant Governor and Superintendent cannot appoint deputies for certain educational board meetings, and the Attorney General's deputy cannot act as a presiding officer on boards where the Attorney General is the presiding officer. Also, only one deputy can represent one official at meetings of the State Lands Commission.

(a)CA Government Code § 7.6(a) If by law, any officer whose office is created by the California Constitution is made a member of a state board, commission, or committee, or of the governing body of any state agency or authority, the officer may designate a deputy of his or her office holding a position specified in subdivision (c) of Section 4 of Article VII of the California Constitution to act as the member in the constitutional officer’s place and stead, to all intents and purposes as though the constitutional officer was personally present, including the right of the deputy to be counted in constituting a quorum, to participate in the proceedings of the board, commission, committee, or other governing body, and to vote upon any and all matters. The constitutional officer so designating a deputy shall be responsible for the acts of the deputy acting under the designation in the same manner and to the same extent that the constitutional officer is responsible for the acts of the deputy performing his or her official duties as a deputy of the office of the constitutional officer.
(b)CA Government Code § 7.6(b) The Lieutenant Governor may designate any person in his or her office holding a position specified in subdivision (c) or (f) of Section 4 of Article VII of the California Constitution to act as a deputy for the purposes of this section only. However, the Lieutenant Governor may not appoint a person to act as a deputy for him or her at meetings of the Senate, or of the Regents of the University of California, or of the Trustees of the California State University.
(c)CA Government Code § 7.6(c) The Chief Justice of the California Supreme Court may designate a judge or employee of a state court or an employee of the Administrative Office of the Courts to act as a deputy for the purposes of this section.
(d)CA Government Code § 7.6(d) The Attorney General may also designate any employee in his or her office to act as a deputy for the purpose of this section. However, no person designated by the Attorney General pursuant to this section to act as a member on any state board, commission, committee, or governing body of which the Attorney General is presiding officer shall act as presiding officer in his or her place.
(e)CA Government Code § 7.6(e) The Superintendent of Public Instruction may designate any person in his or her office holding a position specified in Section 2.1 of Article IX of the California Constitution to act as a deputy for the purposes of this section. However, the Superintendent of Public Instruction may not appoint a person to act as a deputy for him or her at meetings of the State Board of Education, of the Regents of the University of California, or of the Trustees of the California State University.
(f)CA Government Code § 7.6(f) Notwithstanding subdivisions (a) to (e), inclusive, not more than one officer subject to this section shall be represented by a deputy subject to this section at any meeting or session of the State Lands Commission.

Section § 7.7

Explanation

This section clarifies that the rules outlined in Sections 7.5 and 7.6 do not change or alter the rules in Section 7 in any way. It's making sure that Section 7 stands as it is, regardless of what Sections 7.5 or 7.6 say.

The provisions of Sections 7.5 and 7.6 do not affect or modify in any manner the provisions of Section 7.

Section § 7.8

Explanation

This law allows the Directors of Finance, General Services, and Education to appoint a deputy or assistant director to represent them on the State Allocation Board. These appointees can exercise all the powers of the director, including voting and being part of a quorum. The director who appoints them is responsible for the appointee's actions just as they would be for their deputy or assistant performing regular departmental duties.

Notwithstanding anything in this code to the contrary, the Directors of Finance, General Services, and Education may appoint any deputy or assistant director in their respective departments to act in their place and stead on the State Allocation Board, irrespective of whether said deputy or assistant director holds a position specified in subdivision (g) of Section 4 of Article VII of the California Constitution, and irrespective of whether there shall be more than one such person representing a director at any meeting of such board. Such person, while sitting on said board, shall have all the powers the director he represents would have had, including the right to be counted in a quorum, the right to participate in the proceedings of the board and to vote on any and all matters. The director so designating such a deputy or assistant director shall be responsible for the acts of the person acting under such designation in the same manner and to the same extent that the director is responsible for the acts of the deputy or assistant director performing his official duties as deputy or assistant director of the department.

Section § 7.9

Explanation

This law allows certain state officials—the Controller, Treasurer, Director of Finance, and Superintendent of Public Instruction—to appoint deputies to act on their behalf in state agencies. These deputies have the same authority as the officials would if they were present. However, the appointing officials are still responsible for the deputies' actions. Additionally, two designated employees for the Controller or Treasurer can receive higher executive-level classification and pay. The Superintendent of Public Instruction cannot appoint a deputy for meetings of the State Board of Education, the Regents of the University of California, or the Trustees of the California State University.

(a)CA Government Code § 7.9(a) Notwithstanding any provision of law to the contrary, the Controller, the Treasurer, the Director of Finance, or the Superintendent of Public Instruction may designate any deputy of his or her office to act in his or her place and stead on any state board, commission, committee, or governing board of a state agency with respect to the exercise of statutory powers and duties of any of those bodies. The deputy, while sitting on a board, commission, committee, or governing board of a state agency may exercise the same powers that the Controller, the Treasurer, the Director of Finance, or the Superintendent of Public Instruction may exercise as if he or she were personally present. The Controller, the Treasurer, the Director of Finance, or the Superintendent of Public Instruction so designating a deputy shall be responsible for the acts of the deputy acting under the designation in the same manner and to the same extent that the Controller, the Treasurer, the Director of Finance, or the Superintendent of Public Instruction is responsible for the acts of the deputy performing his or her official duties as deputy to the Controller, the Treasurer, the Director of Finance, or the Superintendent of Public Instruction.
(b)CA Government Code § 7.9(b) At the request of the Controller or the Treasurer, two employees of each officer, who hold permanent civil service status and have been designated deputies under this section, shall be classified and compensated as career executives at category level IV or category level V.
(c)CA Government Code § 7.9(c) The Superintendent of Public Instruction may not appoint a person pursuant to subdivision (a) to act as a deputy for him or her at meetings of the State Board of Education, the Regents of the University of California, or the Trustees of the California State University.

Section § 7.9

Explanation

This law section allows the Controller to have two additional employees who are classified and compensated as career executives at high-level categories, either level IV or level V, beyond what is already allowed in a separate section.

At the request of the Controller, two employees of that officer, in addition to those provided for in Section 7.9, shall be classified and compensated as career executives at category level IV or category level V.

Section § 8

Explanation

This section explains that any required or allowed notice, report, statement, or record must be documented in a way that can be understood visually, and it should be in English unless stated differently.

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise.

Section § 9

Explanation

This law means that if a law or section in this code is mentioned in other laws, it refers to the most current version, including any changes or updates made later.

Whenever reference is made to any portion of this code or of any other law of this State, the reference applies to all amendments and additions now or hereafter made.

Section § 10

Explanation

This section defines what "section" and "subdivision" mean within this specific legal code. "Section" refers to a section of this particular code unless another statute is specified. "Subdivision" refers to a part of the section where it appears unless another section is expressly mentioned.

“Section” means a section of this code unless some other statute is specifically mentioned. “Subdivision” means a subdivision of the section in which the term occurs unless some other section is expressly mentioned.

Section § 11

Explanation

This rule means that when interpreting legal documents, references to actions in the present tense can also apply to those actions if they happened in the past or will happen in the future.

The present tense includes the past and future tenses; and the future, the present.

Section § 12

Explanation

In legal terms, whenever the masculine is used, it also applies to the feminine and neutral genders. This means words like 'he' or 'him' should be understood to include 'she' and 'they' as well.

The masculine gender includes the feminine and neuter.

Section § 12.2

Explanation

This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.

“Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.

Section § 12.5

Explanation

This law states that whenever the words 'man' or 'men' appear in legal texts, they should be understood and replaced with 'person' or 'persons'. This change is meant to reflect current inclusivity standards and applies when these sections are being updated. The intention is to be inclusive without altering the existing laws themselves.

The Legislature hereby declares its intent that the terms “man” or “men” where appropriate shall be deemed “person” or “persons” and any references to the terms “man” or “men” in sections of this code be changed to “person” or “persons” when such code sections are being amended for any purpose. This act is declaratory and not amendatory of existing law.

Section § 13

Explanation

This law means that in legal documents, words used in the singular form can refer to more than one item or person, and words in the plural can refer to just one. It's a way to make sure interpretations are flexible.

The singular number includes the plural, and the plural the singular.

Section § 14

Explanation

This legal section clarifies the meaning of two words often used in laws. "Shall" means you must do something, while "may" means you have the option to do it but it's not required.

“Shall” is mandatory and “may” is permissive.

Section § 15

Explanation

This section explains that in the context of this law, whenever someone refers to an 'oath,' it also covers affirmations. This means both sworn oaths and solemn affirmations are considered equivalent.

“Oath” includes affirmation.

Section § 16

Explanation

In this law, if someone can't write their signature, they can use a mark instead. A witness must write the person's name near the mark and also add their own signature close by. If the mark is used for any official or sworn statement, two witnesses need to sign their names near it to validate it.

“Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

Section § 16.5

Explanation

This law explains how digital signatures can be used in communication with public entities when a signature is required. A digital signature must meet several conditions to be valid: it must be unique to the person, verifiable, solely controlled by the user, invalid if the data is altered, and conform to regulations set by the Secretary of State. Using digital signatures is optional for both parties, and public entities aren’t required to accept them. Digital signatures are defined as electronic identifiers with the same effect as manual signatures. The rules don't limit the use of other types of electronic signatures, and specific regulations apply only to digital signatures.

(a)CA Government Code § 16.5(a) In any written communication with a public entity, as defined in Section 811.2, in which a signature is required or used, any party to the communication may affix a signature by use of a digital signature that complies with the requirements of this section. If a public entity elects to use a digital signature, that digital signature shall have the same force and effect as the use of a manual signature if and only if it embodies all of the following attributes:
(1)CA Government Code § 16.5(a)(1) It is unique to the person using it.
(2)CA Government Code § 16.5(a)(2) It is capable of verification.
(3)CA Government Code § 16.5(a)(3) It is under the sole control of the person using it.
(4)CA Government Code § 16.5(a)(4) It is linked to data in such a manner that if the data are changed, the digital signature is invalidated.
(5)CA Government Code § 16.5(a)(5) It conforms to regulations adopted by the Secretary of State. Initial regulations shall be adopted no later than January 1, 1997. In developing these regulations, the secretary shall seek the advice of public and private entities, including, but not limited to, the Department of Information Technology, the California Environmental Protection Agency, and the Department of General Services. Before the secretary adopts the regulations, he or she shall hold at least one public hearing to receive comments.
(b)CA Government Code § 16.5(b) The use or acceptance of a digital signature shall be at the option of the parties. Nothing in this section shall require a public entity to use or permit the use of a digital signature.
(c)CA Government Code § 16.5(c) Digital signatures employed pursuant to Section 71066 of the Public Resources Code are exempted from this section.
(d)CA Government Code § 16.5(d) “Digital signature” means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (h) of Section 1633.2 of the Civil Code.
(e)CA Government Code § 16.5(e) Nothing in this section shall limit the right of a public entity or government agency to use and accept an “electronic signature” as defined in subdivision (h) of Section 1633.2 of the Civil Code.
(f)CA Government Code § 16.5(f) Regulations adopted by the Secretary of State to implement this section apply only to a public entity’s use of a “digital signature” and not to use of any other type of “electronic signature” authorized in the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code).

Section § 17

Explanation

This law defines the term 'person' in a broad way. It doesn't just mean an individual human being; it also includes businesses and all kinds of organizations, like partnerships and corporations.

“Person” includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company.

Section § 18

Explanation
This section clarifies that when the term 'State' is used, it generally refers to California. However, if it's in reference to different parts of the U.S., it also includes the District of Columbia and U.S. territories.
“State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories.

Section § 19

Explanation

This law clarifies that when you come across the term "county" in this context, it also covers both individual cities and combined city-counties.

“County” includes city and county.

Section § 20

Explanation

This law defines what qualifies as a 'city' in legal terms for California. It includes places known as a 'city and county' or an 'incorporated town.' However, it does not include 'unincorporated towns' or 'villages.'

“City” includes “city and county” and “incorporated town,” but does not include “unincorporated town” or “village.”

Section § 21

Explanation

This law section clarifies that when the term "town" is used, it also refers to "unincorporated towns" and "villages."

“Town” includes “unincorporated town” and “village.”

Section § 22

Explanation

In this context, 'process' refers to legal documents like writs or summonses that are issued during court cases, whether the cases are civil (involving private disputes) or criminal (involving actions against the state).

“Process” includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

Section § 23

Explanation

This law section basically says that if one part of the code is found to be invalid or can't be applied to a specific situation, the rest of the code still remains valid and can be applied to other situations or people.

If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby.

Section § 24

Explanation

This law states that the term 'workmen's compensation' should now be referred to as 'workers' compensation.' The legislation expresses a desire for all references in the code to be updated accordingly whenever those sections are changed for any reason, although this act doesn’t alter existing laws but merely clarifies naming.

The Legislature hereby declares its intent that the term “workmen’s compensation” shall hereafter also be known as “workers’ compensation.” In furtherance of this policy it is the desire of the Legislature that references to the term “workmen’s compensation” in this code be changed to “workers’ compensation” when such code sections are being amended for any purpose. This act is declaratory and not amendatory of existing law.

Section § 25

Explanation

This law explains how property values and tax rates should be calculated and compared over time for taxation purposes. From 1980-81, properties were assessed at 25% of their full value, but starting in 1981-82, properties are assessed at their full value. Tax rates were shown as dollars per $100 assessed to 1980-81, then switched to a percentage of full value from 1981-82 onward. It further states that when comparing tax data from different years, the values and rates must be adjusted to ensure they are comparable, ensuring consistency in tax revenues or exemptions regardless of how they are expressed. To express tax rates consistently, there's a formula: multiply a 25% assessment tax rate by 0.0025 for percentage conversion, and multiply a full value percentage rate by 400 for the dollar/$100 format.

(a)CA Government Code § 25(a) For purposes of this code, “assessed value” means 25 percent of full value to, and including, the 1980–81 fiscal year, and 100 percent of full value for the 1981–82 fiscal year and fiscal years thereafter; and, tax rates shall be expressed in dollars, or fractions thereof, on each one hundred dollars ($100) of assessed value to, and including, the 1980–81 fiscal year and as a percentage of full value for the 1981–82 fiscal year and fiscal years thereafter.
(b)CA Government Code § 25(b) Whenever this code requires comparison of assessed values, tax rates, or property tax revenues for different years, the assessment ratios and tax rates shall be adjusted as necessary so that the comparisons are made on the same basis, and the same amount of tax revenues would be produced, or the same relative value of an exemption or subvention will be realized regardless of the method of expressing tax rates or the assessment ratio utilized.
(c)CA Government Code § 25(c) For purposes of expressing tax rates on the same basis, a tax rate based on a 25 percent assessment ratio and expressed in dollars, or fractions thereof, for each one hundred dollars ($100) of assessed value may be multiplied by a conversion factor of twenty-five hundredths of 1 percent to determine a rate comparable to a rate expressed as a percentage of full value; and, a rate expressed as a percentage of full value may be multiplied by a factor of 400 to determine a rate comparable to a rate expressed in dollars, or fractions thereof, for each one hundred dollars ($100) of assessed value and based on a 25 percent assessment ratio.

Section § 26

Explanation

This law section defines "recycled water" or "reclaimed water" to mean the same thing as the definition provided in a specific part of the Water Code.

For the purposes of this code, “recycled water” or “reclaimed water” has the same meaning as recycled water as defined in subdivision (n) of Section 13050 of the Water Code.